"calm under pressure and provides excellent support to those instructing him"

Leading Associate at a top City firm

Samuel Nicholls

Year of Call: 2006

"calm under pressure and provides excellent support to those instructing him"

Leading Associate at a top City firm

Samuel Nicholls

Year of Call: 2006

"calm under pressure and provides excellent support to those instructing him"

Leading Associate at a top City firm

Samuel Nicholls

Year of Call: 2006

Samuel Nicholls

"calm under pressure and provides excellent support to those instructing him"

Leading Associate at a top City firm

Samuel Nicholls

Year of Call: 2006

Samuel offers in-depth expertise in the following areas: Commercial Litigation, Judicial Review, Insurance, Employment Litigation, Regulatory, Professional Negligence and Personal Injury (including Health & Safety prosecutions). He has extensive practical commercial experience and offers common sense commercially driven advice. He has been described as having an "impressive" manner with clients.  Samuel has practised as a barrister from Devereux following the successful completion of his pupillage in 2008. 

Between September 2014 and February 2017 Samuel practised at Misick & Stanbrook, the leading law firm in the Turks & Caicos Islands (TCI) as an Attorney in the Dispute Resolution team.  During that time Samuel has gained a wealth of experience across a diverse range of commercial law, broadening his skill set immeasurably.

Examples of cases worked on include:

Commercial

  • Junior to Ariel Misick QC on a cross border (USA, UK and TCI) contractual dispute involving and on behalf of a well-known international recording artist. The action was worth circa USD$12 million.  The case involved allegations of a large scale defrauding of the US tax authorities.
  • Successfully acted as sole counsel for the Securities and Exchange Commission on a cross border fraud related to a Ponzi scheme which defrauded investors of circa USD$600 million.  One individual hid multi million dollars of assets in the TCI.  The case involved asset tracing through multiple bank accounts in the US and through a Cook Island’s Trust and eventually into real estate in the TCI.
  • A Supreme Court (equivalent of the High Court) commercial matter involving an international hotel brand against whom a claim has been brought by 60 claimants.  The claim is said to be worth in excess of USD$8million.
  • Sole counsel in the first case which decides that the TCI has a wasted costs jurisdiction – prior to this case it was accepted that there was no such jurisdiction.
  • Junior to Ariel Misick QC on a cross border mareva injunction.
  • Acting for a Lloyd’s insurer in a coverage dispute.
  • Obtained an emergency injunction preventing the issuing of a winding up petition against the largest company in the TCI and a global international brand, which is part of a well-known international hotel chain, following an adverse judgment.  Successfully obtained a stay of execution in relation to another judgment (awaiting appeal to the Court of Appeal).
  • Sole counsel defending an action brought by a developer against a home owner for breach of contract (the home owner is an executive with a New York bank).
  • Acting against a utilities provider in an action involving the alleged over-charging for a condominium complex.
  • Involved in a number of disputes in which allegations of breach of fiduciary duties were at the fore and he therefore has considerable expertise in this area. Most recently before the Privy Council in the case of Akita Holdings Limited v The Honourable Attorney General of The Turks and Caicos Islands (Turks and Caicos Islands)

Judicial Review

  • Successfully acted in a judicial review action against TCI Government in relation to a planning matter.
  • Successfully acted in a judicial review against TCI Government in relation to the refusal to grant our client multiple business licenses.
  • Acting in a judicial review telecoms matter.

Employment

  • Sole counsel in appeal to the Court of Appeal against a decision of the Labour Tribunal.
  • Junior counsel to Ariel Misick QC in an appeal to the Court of Appeal against a decision of the Labour Tribunal regarding corporate issues and the lifting of the corporate veil.
  • Advised on strike matters involving a large international hotel brand.
  • Junior to UK silk on a Court of Appeal matter for the largest employer in the TCI.
  • Numerous Labour Tribunal matters.

Personal Injury

  • High value cross border personal injury action involving the TCI and California.
  • Advising on a fatal accident claim for the defendant.

 

  • Recommendations

    "Sam is very good at getting to the nub of an issue quickly. He is very approachable and provides practical advice to clients in a friendly way. Clients are always impressed with his cross examination skills, as his careful and considered questioning often befuddles even the most prepared witnesses." - Alexandria Quigley, Senior Solictor, Lupton Fawcett, Leeds.

    "Sam is calm under pressure and provides excellent support to those instructing him. He is extremely client focused, pragmatic and commercial. In the case we worked on together, Sam showed particular skill in handling a challenging lay claimant and providing support to our witnesses." - Leading Associate in a top City firm.

    "Sam took a very practical and commercial approach to our case. He was very down-to-earth and approachable with both solicitors and clients and took the time to properly explain aspects of the case and the process to the clients in terms which they could understand." - Partner in a leading US firm.

  • Employment

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    Sam represents both respondents and claimants.  He is well regarded by those that instruct him. 

    Sam is regularly instructed by some of the UK's leading solicitors firms both inside and outside of London.

    His clients include: well-known financial institutions, blue-chip companies, City recruitment agencies, utility companies, public authorities and the Metropolitan Police.

    He has particular expertise in insolvency issues of employment matters (which often involve TUPE points) and is willing to take instructions in this area. 

    Sam's current instructions include:

    • an eight day race and disability discrimination / harassment claim for the Met Police;
    • a four day whistleblowing case for the Met Police;
    • a fifteen day race discrimination, whistleblowing and unfair dismissal claim for a blue chip City company;
    • a seven day disability discrimination and unfair dismissal claim;
    • a three day constructive unfair dismissal and race discrimination claim for a well known international service company. 

    He is also currently representing a claimant in the Employment Appeal Tribunal following a finding of unfair dismissal and disability discrimination against his employer. He did not appear in the Tribunal below.

    He is currently being led by Mohinderpal Sethi in a bonus claim.

    (Please Note: Client confidentiality is of paramount importance to Sam and therefore his clients' names do not appear on this page unless express permission has been given by the client for their name to be used.)

    In 2013, he has acted in the following notable cases:

    • Langshaw v A CITY RECRUITMENT AGENCY (London Central Tribunal): Sam successfully represented a City based recruitment agency in a six day constructive unfair dismissal claim.
    • IO v Metropolitan Police (Watford Tribunal): Sam successfully defended a police force in a seven day race and sex discrimination / harassment claim.  A costs order was also obtained against the claimant.
    • MA v A SHARE TRADING COMPANY (Manchester Tribunal): Sam successfully represented the Respondent in this four day constructive unfair dismissal claim.

    In May 2012, Sam was Suzanne McKie QC's junior in the High Court case of Gelpack v Nexpack, an expedited final hearing heard – concerning enforceability of non-compete, non-dealing and non-solicitation clauses; resisting a springboard injunction.

    He has also appeared on his own in the High Court to successfully defend an injunction application on behalf of Action for Children following an attempt by an employee to injunct the charity to prevent an internal disciplinary hearing from taking place:

    • Kirk & Ors, R (on the app'n of) v Action for Children [2010] IRLR 699

    He has recently been instructed to advise both claimants and defendants in a number of restrictive covenant cases, including the issue as to whether injunctive relief should be sought.

    Sam's substantive employment tribunal cases include:

    • Fitzke v AEG: represented the Respondent in a discrimination trial listed for 5 days
    • Leader v US: represented the Respondent in this two day redundancy case
    • Dunt v A FINANCIAL INSTITUTION: represented the Respondent in a pregnancy discrimination and unfair dismissal hearing
    • Dunn v A BANK: represented the Respondent in an unfair dismissal claim
    • Birney v Anglian Water: represented the Respondent in an unfair dismissal claim during which the claimant withdrew his claim during cross examination
    • M v AN AIRLINE: represented the Respondent in a disability discrimination case
    • Scott v A POLICE FORCE: represented the Respondent in an action for unfair dismissal brought by a PCSO
    • Simpson v A SCHOOL: represented the Respondent in an unfair dismissal and age discrimination claim
    • Poole v A SCHOOL: represented the Respondent in an unfair dismissal case arising out of a redundancy
    • Sinclair v IM: represented the Respondent in an unfair dismissal claim
    • MR L v Royal Mail: represented the Claimant in a multi-day unfair dismissal case
    • Geddes v T: represented the Respondent in a unfair dismissal claim
    • A v A HOSPITAL TRUST: Sam represented the Respondent Trust in a four day sex discrimination and unfair dismissal case
    • Povey v A BANK: represented the Respondent bank in an unfair dismissal case
    • IO v A POLICE FORCE: represented the Respondent at a three day PHR at which over 50% of the allegations were struck out or withdrawn (Sam subsequently successfully represented the force at the seven day substantive hearing)
    • Brokenshaw v A INSURANCE COMPANY: represented the Respondent at a PHR at which the claim for disability discrimination, harassment and unfair dismissal was dismissed

    In addition to his tribunal advocacy experience, Sam has also appears in the Employment Appeal Tribunal on both rule 3.10 and full merits hearings. 

    He appeared in the EAT in Olubodun v Total Stay Group Ltd (UKEAT/0204/09/DA): an appeal against a Tribunal's decision on victimisation. 

  • Personal Injury

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    Sam acts for both Defendants and Claimants.  He has substantial trial advocacy experience in personal injury matters in both the Fast and Multi tracks.

    He has an enviable personal injury practice for a barrister of his call, having been instructed in a large number of multi-track actions in cases worth up to £225,000.  He was led by Steve Killalea QC in a high value spinal injury case in a case which settled for a substantial sum of money.

    He is currently representing a Claimant who sustained a serious brain injury following a fall at work.

    He has recently achieved a settlement for a former prisoner in a ground-breaking claim utilising the Provision and Use of Work Equipment Regulations 1998 after the prisoner was injured whilst working in the prison.

    Latterly, Sam settled two notable work place accident claims in the sum of £110,000 and £85,000 respectively.

    Sam is currently advising clients in the following areas:

    • A client injured by acid utilising the Control of Substances Hazardous to Health Regulations
    • A client that was badly burnt in a accident at work
    • A client who suffered a serious hand injury

    He is of course also willing to take on Fast Track matters.

    He has an excellent manner with lay clients with the ability to put them at ease immediately.

    Some of Sam's recent cases include:

    • Finch v Kent County Council: liability of a school for injuries to a child in a PE lesson;
    • Tetley v Associated British Ports: successfully represented the Claimant in a multi-track manual handling trial;
    • Ward v Potterton & other: successfully represented the Defendant in an action brought under the Occupiers' Liability Act.

    Sam Nicholls considered fraud in insurance and fraud on insurers and the implications of the decision of the Supreme Court in Fairclough Homes Ltd v Summers [2012] UKSC , in an article with Alison Padfield entitled Watch this Space

  • Commercial Litigation

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    Sam was instructed in a multi-million pound insurance case (which has recently resolved) in the High Court (Colin Edelman QC and Richard Harrison instructed).

    He is also representing a Defendant builder in a professional negligence action.

    Sam has recently advised (as a junior to Richard Harrison) in a contractual dispute relating to the development of commercial property.

    As an off-shoot of his personal injury practice Sam has been instructed to advise on a complex matter revolving around the construction of a contract of insurance as to the meaning of the word "accident".

    Sam Nicholls considered fraud in insurance and fraud on insurers and the implications of the decision of the Supreme Court in Fairclough Homes Ltd v Summers [2012] UKSC , in an article with Alison Padfield entitled Watch this Space.

  • Insurance & Reinsurance

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    Sam was instructed in a multi-million pound insurance case (which has recently resolved) in the High Court (Colin Edelman QC and Richard Harrison instructed).

    In 2014 Sam has advised a hotel chain on a six figure coverage and disclosure issues arising out of claims against property insurance policies. 

    He has also represented a Defendant builder in a professional negligence action.

    Sam has advised (as a junior to Richard Harrison) in a contractual dispute relating to the development of commercial property.

    As an off-shoot of his personal injury practice Sam has been instructed to advise on a complex matter revolving around the construction of a contract of insurance as to the meaning of the word "accident".

    Sam is currently editing Atkin's Court Forms Insurance title (with Alison Padfield and Jesse Crozier) - to be published in 2014.

    Sam Nicholls considered fraud in insurance and fraud on insurers and the implications of the decision of the Supreme Court in Fairclough Homes Ltd v Summers [2012] UKSC , in an article with Alison Padfield entitled Watch this Space.

  • Professional Negligence

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    Sam was instructed in a multi-million pound insurance case (which has recently resolved) in the High Court (Colin Edelman QC and Richard Harrison instructed).

    He is also representing a Defendant builder in a professional negligence action.

    Sam has recently advised (as a junior to Richard Harrison) in a contractual dispute relating to the development of commercial property.

    As an off-shoot of his personal injury practice Sam has been instructed to advise on a complex matter revolving around the construction of a contract of insurance.

  • Health & Safety

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    Sam has experience of defending health and safety prosecutions.

    He is able to provide advice, draft documents, such as Friskies Schedules, and represent clients at hearings.  He is able to be flexible with his fees depending on the size of the organisation which is being prosecuted.

    • The Royal Borough of Kensington and Chelsea (RBKC) v A Hotel Chain (April 2014): the Defendant, the owner of a number of hotels in West London, was prosecuted by the RBKC under s.2(1) and s.3(1) of the Health and Safety at Work Act 1974 and regulation 4(8) of the Control of Asbestos Regulations 2006.  The Defendant had instructed an unlicensed contractor to remove asbestos from one of its hotels.  The unlicensed contractor caused a number of the rooms to become seriously contaminated with asbestos potentially exposing a number of guests and staff to asbestos fibres.  The RBKC instructed James Ageros, the leading health and safety junior counsel.  The matter came before the Hammersmith Magistrates Court in March 2014, where the Defendant pleaded guilty.  However, Hammersmith Magistrates refused to accept jurisdiction on the basis that their sentencing powers (£60,000 in total) were insufficient given the seriousness of the offence.  The case was therefore committed to the Isleworth Crown Court for sentence, where following Sam’s plea in mitigation, the Defendant was fined £39,000 and ordered to pay the RBKC’s costs

    Sam is a member of the Health and Safety Lawyers' Association.

  • Regulatory & Professional Discipline

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    Sam gained extensive experience of both General Medical Council and Nursing and Midwifery Council prosecutions whilst working for Field Fisher Waterhouse in their Professional Regulatory Department.

    Sam is willing to take instructions in this area defending medical professionals who have been prosecuted by their regulatory bodies.

Memberships and Associations

Employment Lawyers' Association

Employment Law Bar Assocation

Personal Injury Bar Association

Professional Negligence Bar Association

Health and Safety Lawyers' Association

Awards and Scholarships

Faculty of Law Prize for Top First Class degree in year

Victoria Chambers Prize for Top First in Evidence Examination

Inner Temple Scholarship

Academic

LLB First Class (top First in year)

LLM, Queen’s Cambridge (Upper Second)

Bar Vocational Course Very Competent (top Very Competent in year)